Hyatt v. Dale Manufacturing Co.

18 Jones & S. 526

Opinion

O’ Gorman, J.

It was a matter in the discretion of the judge below, to hear a motion which had already been heard and denied by another judge at special term. It was within his discretion to grant or to deny it; and from the exercise of that discretion, u'nless it be manifestly abused, an appeal to this court will not be sustained. Sedgwick, Ch. J., concurred. Order affirmed, with $10 costs.